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23 July 2024 Photo Barend Nagel
Nhlanhla Simelane
Nhlanhla Simelane is a second-year Language Practice student, majoring in South African Sign Language. He is also a former Chairperson of Signals – a student association that is aimed at promoting SASL and Deaf awareness.

Opinion article by Nhlanhla Simelane, Student Assistant: South African Sign Language and Deaf Studies, Faculty: The Humanities, University of the Free State.

It has been a year since the president signed off on the amendment bill to include South African Sign Language (SASL) as one of the country’s official languages. And one may wonder, what has changed since then? After all, many individuals and organisations, including the Deaf Federation of South Africa (DeafSA), the National Institute for the Deaf (NID), and Deaf rights activists from the Deaf community, believed that official recognition of sign language would lead to significant developments for SASL and the Deaf community.

Since then, SASL has mostly benefited from exposure from the SASL Indabas that PanSALB held on 9-10 March 2023 and another one on the 1-2 February this year. These Indabas were aimed at “discussing the standardisation of SASL and mapping a way forward”. They included several stakeholders, including our very own institution. They also had an impact on the development of SASL in various institutions, including UNISA and University of Cape Town (UCT), and it is hoped that this influence will extend to other institutions.

However, one must not overlook the fact that despite being a minority language, SASL already enjoyed significant language rights. For example, the South African Schools Act recognised it as an official language in 1996. The Use of Official Languages Act of 2012 provided another benefit that was not even enjoyed by the other 11 official languages; with this act, state entities had to establish a language policy outlining the use of official languages for public communication, specifically if a member of the public chose SASL as their preferred language. It also benefited from protection under the South African Sign Language Charter, launched by the SASL NLB (National Language Board) in 2020, roughly three years before it became official. Even Prof Theodorus du Plessis, Professor Emeritus in the Department of South African Sign Language and Deaf Studies, University of the Free State (UFS), in a previous opinion article, mentioned that there would be little to gain from officially recognising SASL, aside from the added symbolism associated with such a move. As a matter of fact, SASL had more to lose than gain due to its official recognition, as you will learn later in the article.

A human rights level

On a human rights level, which is more relevant to those living with hearing impairments in the country, the officialisation of SASL still had no significant effect on any of their human rights. This is simply because these persons already enjoyed their rights. However, what the officialisation cost the Deaf community* is the privilege as mentioned earlier that the Use of Official Languages Act of 2012 provided – users of SASL having the right to choose SASL as their language of interaction with the state – the very one that official languages do not enjoy. This is thus a disadvantage to the Deaf community, considering that they already suffer from a lack of interpreters in the county. An article by Nicky Bezuidenhout early this year highlighted that there is a “lack of access to crucial services like healthcare and justice due to a shortage of qualified South African Sign Language (SASL) interpreters”. Therefore, many Deaf people rely on untrained or unqualified individuals and mostly even family members to act as interpreters. This was mostly the case in my life, being a CODA (Child of a Deaf Adult) and having to interpret for my parents. And besides my proficiency in SASL, there was still the matter of a breach of confidentiality. This is a common problem for many people. Therefore, more SASL interpreters (SASLi) are needed. Additionally, it is up to everyone to take it upon themselves to learn SASL through the various provisions that are available today.

More development for SASL as a language

Thankfully, the UFS, among a few other institutions such as the Wits University, North-West University as well as the Durban University of Technology, makes such a provision through its SASL short course. Another way to learn is through mobile applications such as DEAFinition and the NID SASL Dictionary. The previous platforms also offer inexpensive online courses. This way, one can be equipped with SASL fundamentals to at least be able to hold a conversation without the need for an interpreter. Furthermore, we can only anticipate that since SASL is officially recognised, it will become more accessible in higher education institutions, as mentioned earlier, and will be included in the South African school curriculum, particularly for mainstream schools. As a result, more people will have the opportunity to learn SASL. Moreover, we can expect to see an increase in the number of qualified teachers with not only teaching skills but also proficiency in SASL.

Nonetheless, it has only been a year and matters regarding language plans and policies often require a great amount of resources, with time being the greatest of all. We can only hope that its officialisation has indeed led to the cultural acceptance of SASL and the relevant community, promoting substantive equality, and preventing unfair discrimination based on disability. But more importantly, we hope that this is not the end of the road for SASL in terms of its development as a language.

*Footnote: It is important to make a distinction between deaf people who are deaf but do not identify as part of the Deaf community and do not use SASL (who are referred to with a lowercase “d’’), and those who are deaf and are part of the Deaf community, making use of SASL as their first language (who are referred to using a capitalised ‘D’).

• Nhlanhla Simelane is a second-year Language Practice student, majoring in South African Sign Language. He is also a former Chairperson of Signals – a student association that is aimed at promoting SASL and Deaf awareness.

News Archive

Prof. Iain Benson delivers inaugural lecture in UFS's Faculty of Law
2010-10-27

Prof. Shaun de Freitas (left) of the Faculty of Law at the UFS and Prof. Iain Benson.

Prof. Iain T. Benson delivered his inaugural address as Professor Extraordinary in the Department of Constitutional Law and Philosophy of Law in the Faculty of Law at University of the Free State (UFS) faculty last week.

Originally hailing from Canada and currently residing with his family in France, Prof. Benson is an academic with a wealth of experience and expertise in the field of law, especially with regard to the right of conscience and religion. His achievements number many, including being a Senior Associate Counsel at one of Canada’s leading law firms, Miller Thompson LLP; and serving on the Founding Board of the Global Centre for Pluralism. 

Apart from his work on leading cases in the United Kingdom and Ireland, Prof. Benson also has strong ties with the law in South Africa. He is part of the Continuity Committee that is responsible for the major undertaking of drawing up the South African Charter of Religious Rights and Freedoms in cooperation with all the major religions in South Africa which, when completed, will be the first use of Section 234 of the South African Constitution.

The title of the inaugural lecture was Living together with Disagreements and the Limits of the Law, which tackled various conscientious and topical issues regarding the complex relationships between the law and religions. Starting off the lecture, Prof. Benson recalled that living together with disagreement is a necessary achievement in free and democratic societies and that differences of belief and opinion should not be resolved by force acceptance of a “one-size fits all” model. Mentioning religion and same-sex marriages, Prof. Benson held these up as issues which reasonable people may disagree on and should hence be respected by the public sphere that is girded round by the law. 

Quoting Sophocles’ Antigone, Prof. Benson noted that tensions between the so-called divine and imminent or state laws as in a non-theocratic state have always been with us. He stressed the importance of a wide respect by the law for civic associations in addition to but particularly in relation to religion which guides citizens views about wrong and right beyond matters that are regulated by law.
 

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